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(영문) 서울고등법원 2016.10.28 2016나2030614
수목대금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the first instance judgment, except for dismissal or addition of the court’s decision as stated in the following paragraph (2). Thus, it shall accept this by the main text of Article 420 of the Civil Procedure Act.

2. The phrase “former Articles of Incorporation” in the second 10th 10th 10th 10th 10th 2 of the judgment of the first instance (which was applied before and after October 21, 201) is rewritten.

The following shall be added between the fourth 10th and the first 11th of the judgment of the first instance:

The plaintiff asserts that the sales contract of the trees of this case was substituted by the resolution of the board of directors, in light of the fact that the defendant clan had already paid part of the price of the trees of this case as determined by the board of directors, and that the plaintiff had found tax evasion.

However, it is difficult to view that the plaintiff can immediately claim the payment of the above money on the ground of the above resolution, since the resolution on the payment of the money for the money for the trees is that the defendant clan would pay the money for the trees with the plaintiff as the party to the transaction, and since the plaintiff is not in the position of the member, it is difficult to view that the plaintiff can not claim the payment immediately on the ground of the above resolution, and the resolution of the board of directors cannot be deemed to substitute for the sales contract between the plaintiff and the defendant clan (the same shall apply more so, because

At the end of the fifth sixth sentence of the first instance judgment, the following shall be added:

(The fact that M’s seal imprint is affixed to the resolution of the board of directors alone is difficult to recognize that M ratified the said resolution) shall be changed from the 13th sentence of the judgment of the court of first instance to “from the point of time to the point of time” of the 16th sentence of the judgment of the court of first instance to “from the point of time to the point of time.”

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